Philip J. Fairman (Fort Myers, FL) (Governmental Law/Appeal) obtained a Final Summary Judgment in the U.S. District Court for the Middle District of Florida which was later affirmed after oral arguments before the United States Court of Appeals for the Eleventh Circuit.
The Plaintiff was a supplier of fresh food to the School Board of Lee County pursuant to a contract which contained a clause allowing the contract to be terminated for convenience. During the early stages of the COVID-19 pandemic, Oakes Farms’ principal, Francis “Alfie” Oakes posted on Facebook that the COVID-19 pandemic and the Black Lives Matter protests were hoaxes. Shortly thereafter the School Board Superintendent made the decision to invoke the contract’s termination for convenience clause after he and his staff became concerned about the lack of COVID-19 protocols at Oakes Farms. Oakes Farms filed suit in the United States District Court in the Middle District of Florida against the School District as well as against each individual School Board Member, including our client Chris Patricca and sought damages in excess of fifty million dollars. Oakes Farms claimed that the contract termination violated Mr. Oakes’ First Amendment right of free speech and that the contract termination was in retaliation against Mr. Oakes for his Facebook comments.
The claim against Chris Patricca was defended on the ground that Patricca as a governmental official was entitled to qualified immunity. The trial court agreed with Patricca’s argument that qualified immunity barred Oakes Farms claims and held that Patricca was entitled to Summary Judgment as to the claim asserted against her.
Oakes Farms appealed to the United States Court of Appeals for the Eleventh Circuit. The Eleventh Circuit set the matter for an oral argument where Mr. Fairman appeared. Several months after the oral arguments were concluded, the Eleventh Circuit Court of Appeals issued a written opinion affirming the district court’s entry of Summary Judgment in favor of Patricca.